Yuridika
Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022

A Juridical Study of Granting Wills to Heirs in the Perspective of Islamic Inheritance Law

Oemar Moechthar (Faculty of Law, Universitas Airlangga)
Agus Sekarmadji (Faculty of Law, Universitas Airlangga)
Ave Maria Frisa Katherina (The University of Melbourne)



Article Info

Publish Date
01 Sep 2022

Abstract

This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.

Copyrights © 2022






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...